Travelling to wife’s parent’s house? Be a musafir?

Ques: 1. I live about 180 miles away from my wife’s parent’s house, which is also the house where she grew up and lived most of her life.

When we go to visit her family, for less than 15 days, would my wife also be considered a musafira thus having to shorten her prayers? Or is the house of her mother and father still considered her home?

2. What about me going to Bangladesh and staying less than 15 days? since i wasn’t born or raised in Bangladesh would i be considered a Musafir?

Ans: You and your wife both will be considered Muqim/Resident in this case. So, both will have to pray full rakats. This is the majority opinion of Ahnaf.

And Allah knows best.

Ques: Why would I be considered muqim?

The city we now live in is where I was born and raised, so I have never lived in the city of my wife’s family. How can I be muqim in that city if I’m staying there for less than 15 days?

Ans: Because of you being married to someone of that city.

Allama Haskafi says:

(الوطن الأصلي) هو موطن ولادته أو تأهله أو توطنه – الدر المختار

Homeland is three. 1. Where he was born. 2. Where he married. 3. Where he made it as homeland (where he lives.)

Allama Shami than quotes from Sharhul Mun’ya: “If a Musafir marries in a city and he doesn’t intend to be a Muqim, in this case some says he will not be considered Muqim. And some says he will be considered Muqim. And this is more logical.”

قوله أو تأهله : أي تزوجه. قال في شرح المنية : ولو تزوج المسافر ببلد ولم ينو الإقامة به فقيل لا يصير مقيما ، وقيل يصير مقيما ؛ وهو الأوجه – رد المحتار

There r differences of opinions also. As Kadhikhan has. But this view looks like the majority opinion.

And Allah knows best.

Request to review the Fatwa:

Assalamu alaikum Moulana saheb,
I understand what you are saying however I have read something different in Beheshti Zewar. I am quoting the relevant masalas below. Please consider them and see if your opinion changes:

First, I want to mention to the brother that the distance of 77 kilometres needs to be measured from the boundary of one city to the boundary of the city being traveled to and not from house to house.

Ruling from Beheshti Zewar:

21. After her wedding, a woman began living solely with her in-laws. So now her actual home will be that of her in-laws. If she travels 77 kilometres and goes to her parents home and does not intend staying there for more than 15 days, she will be a musafir. She will have to offer her salaats and keep her fasts according to the rules laid down for a musafir. But if she did not intend staying with her in-laws forever, then that place which was her former home will still be regarded as her original home.

As for the brother visiting Bangladesh the masala is this I believe:

19. A person shifted from his home town and became a resident of another place and he has nothing to do with the first place. So now his former home town and any other place will be the same. If that former place of his falls on any journey of his and he intends staying there for a few days, he will remain a musafir. He will have to offer all his salaats as a musafir.

Revised Fatwa:

Thanks brothers for pointing it out. Yesterday when I wrote the fatwa I had only Raddul Muhtar (Fatawa Shami), Fatawa hindiyyah (Alamgiri), Badaye, Bahrur Rayeq, Muhit etc. the classical Fiqh books. And what I wrote was understood by the primary texts there. I had no Urdu fatawa of our Deobandi Ulama with me except that ‘Jadid Fiqhi Masael’ of Mufti Khalid Saifullah. And he wrote similar to what i have written. Unfortunately I could not check with other Deobandi Fatawas that time.

Today I got time and checked with Imdadul Fatawa, Imdadul Ahkam, Fatawa darul Uloom etc and found that our ulama hold the similar view of Kadhikhan. And out of some differences of opinions, this is the majority opinion.

I talked to my teacher and asked him what is his view. He said, he once had to verify this mas’ala and he was confused like me. lolz.. And at last he took the view of our Deobandi Ulamas and this made sense to him.

Well, after reading more, Alhamdulillah this makes sense to me too. And I think and believe that the view of our Akabir is the safest, Alhamdulillah. As for the view of Mufti Khalid Saifullah, looks like he came out of our Akabir’s view. And Allah knows best.

So, in conclusion, the mas’ala is as the brothers quoted. The husband will be Musafir as well as the wife will be too.

And Allah knows best.

Answered by Yousuf
Sunniforum, 3rd & 4th May ’09